Those convicted for possession of 30 to 500 grams may petition for expungement. She was pulled while driving home with several people in her car. Sami takes the time to learn about the specific facts and circumstances surrounding each case. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights. 5. Sami is an excellent advocate, and really fights for his clients. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. Fortunately, there have been some major changes in laws regarding marijuana use. The Initial Enhancement group were originally charged with Class 1 or 2 delivery/possession with intent to deliver charges, where small amounts of drugs were found, but eventually pleaded to reduced charges of Class 4 simple possession. We found that: In the current system, allowing police and prosecutors to choose whether to charge deliver/possession with intent or simply possession when the initial police encounter for most people charged involves only small amounts of drugs ultimately increases penalties for people charged with drug possession and decreases access to diversion programs. All Rights Reserved. GLW had alleged, MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wifes home. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. These rebounding numbers of prison sentences, at a time when the number of people being sent to prison statewide is decreasing, mean that Illinois may be spending millions of dollars incarcerating people for possessing small amounts of drugs for years to come. Unlawful possession of a controlled substance is a felony criminal offense under Illinois law, with strict penalties set out in the Illinois Controlled Substances Act (720 ILCS 570/1 et seq). Privacy Policy | SiteMap. Possession (possessing any amount is illegal but the penalties are higher for higher amounts). But some very serious felonies (like murder or sex crimes) have no time limit, and some other crimes have extended limitations periods. (720 ILCS 570/203.) Overall, the number of people being incarcerated in IDOC for drug-related crimes is falling in Cook County; however, in Central and Southern Illinois, admissions to IDOC for drug-related charges are actually rising, driven largely by an increase in incarcerations for possession and delivery of methamphetamine charges in those areas. 570/406.2, -408; 730 Ill. Comp. After a thorough cross examin, PG was charged with a DUI and improper lane usage. The difference in enforcement, then, likely falls disproportionately on Black communities because of racist policing patterns rather than because of differences in behavior. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (730 Ill. Comp. Many forms of assault and battery are prosecuted as class 3 felonies. Chicago, IL 60602, 3601 Algonquin Road The term is often confused with "drug distribution," but there is a clear distinction that separates these charges. Class 1 felony possession is the most serious of the possession felonies. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). About Us. Prescription stimulant medications like Adderall and Ritalin. Marijuana Possession Laws in Georgia. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Illinois law groups felonies into different classes for purposes of sentencing. Finally, the most serious category of offenses is felonies. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Pritzker to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction. Additionally, an attorney can help ensure your rights are protected and assist with determining what legal defenses you may have at your disposal, including defenses related to illegal searches and seizures. Stat. Drug possession crimes can be of any class other than Class X. Stat. Felony arrests lead to pretrial jail time, often because people are held on bonds that are unaffordable, and being convicted of drug possession can lead to a lifelong felony record. Possession of less than 250 grams of marijuana, less than 50 grams of hash, or less than 250 of ketamine: base offense level 6. Illinois spends millions every year on processes that are systematically hurting Illinoisans especially Black Illinoisans and saddling them with incarceration and felony convictions for possession of less than a tablespoon of drugs. Stat. You can find more information in our article on Marijuana Laws in Illinois. Stat. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster The following are Class 2 felony drug crimes in Illinois: Cannabis trafficking (2000 - 5000 grams) Possession of methamphetamine (5-15 grams) Child Pornography-Related Offenses. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. As mentioned above, Illinois has five felony classes. People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Stat. . People convicted of a Class 3 felony may be sentenced to periodic imprisonment for up to 18 months or to probation for up to 30 months. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. In addition to the periods of incarceration listed above, a defendant convicted of a crime involving 100 grams or more may be fined an additional $200,000 or the street value of the drug, whichever is greater. Marc Wolfe has been representing clients in criminal matters in Chicago and the entire State of Illinois for over 30 years. When facing charges for domestic violence, the impact on your life can be even more significant. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies Stat. Use the online contact form or call 312-443-1233. CRIME. Zone D: Sentences range from 15 months to life imprisonment. They received probation sentences 55.12% of the time, while the Enhancement group received probation only 28.77% of the time. (730 Ill. Comp. However, the penalties can vary greatly from state to state. (730 Ill. Comp. A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. Out of about 8.5 million traffic stops made by police in Illinois from 2016 through 2019, only about 28,000 recovered more than 10 grams of drugs - 0.3% of all stops. The Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of a small amount of marijuana. 5/5-4.5 (2019).). When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . "There are 30 women serving life sentences in Kansas prisons. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. Rolling Meadows, IL 60008, 633 Skokie Blvd Repeat offenses. He is an absolute professional. Zone A: Sentences range from 0 months to six months. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. 5/12-3.05, 5/16-1, 646/60 (2020).). 5/5-4.5-20 (2020). Class 2 felonies include: aggravated domestic battery (causing severe injury or involving strangulation) robbery, and While many federal drug crimes are also state crimes, some acts are considered criminal only at the federal level (for instance, marijuana is nowlegal in Coloradobut still deemed illegal by the U.S. government). Cultivation of fewer than five plants is a misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. All states regulate and control the possession of drugs or controlled substances, though each differs in its exact definition and the penalties for their possession. 900 or more grams: Punishable by incarceration of ten to 50 years. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. The criminal statute of limitations in Illinois for felonies is generally three years from the time of the alleged crime. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). Commissioners are nominated by the President and confirmed by the Senate. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. (730 Ill. Comp. Possessing drugs You may be charged with possessing an illegal substance. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second . After that, in descending order of seriousness, are Class 1 through Class 4. Stat. 570/402; 730 Ill. Comp. Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. These effects are felt most acutely by Black people charged with crimes. Stat. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. 5/5-4.5-35 (2020). Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. The bill also would have reclassified some low-level drug dealing offenses as Class 4 felonies instead of Class 3. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. The possession of 30 grams or more of pentazocine, methaqualone, ketamine, or PCP is punishable by incarceration of four to 15 years and a fine of up to $25,000. Besides a prison sentence, having a felony on your record can make it difficult to get a job, obtain a professional license, or get into certain educational programs, such as law school or nursing school. In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. A report from the National Drug Intelligence Center 14 estimated that the cost to society for drug use was $193 billion in 2007, a substantial portion of which$113 billionwas associated with drug related crime, including criminal justice system costs and costs borne by victims of crime. Stat. unauthorized possession of a blank or altered prescription form. Stat. A class X felony is punishable by: Class 1 Felony. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. The U.S. Census Bureau was the source for rural or urban distinctions and population data used in rate calculations. The length of imprisonment and the criminal fine that can be imposed depends on the amount of the Schedule I or Schedule II drug in your possession. 15 to 99 grams: Punishable by incarceration of four to 15 years. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. Second Offense: Not more than 6 yrs. In some states, the information on this website may be considered a lawyer referral service. Illinois Compiled Statutes chapter 720, section 570, article II. Special Drug Courts They said. The Assembly passed the bill, 60-12. In general, a judge must impose a sentence within the range for the relevant felony class. Class 1 felonies include criminal sexual assault, possession of heroin, cocaine, and opioids, and theft of property valued at between $10,000 and $100,000. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. 5/5-4.5-10 (2020).). Out of about 8.5 million traffic stops made by police in Illinois from 2016 through 2019, only about 28,000 recovered more than 10 grams of drugs 0.3% of all stops. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible. 900 grams or more - imprisonment for 15-60 years. Subsequent convictions shall be committed to the commissioner of corrections for 3 - 40 years and a possible fine of not more than $500,000. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. 5/5-4.5-15, 5/5-4.5-50 (2020).). Offenses. These laws criminalize the distribution, manufacturing, and possession of all illegal drugs. Don't let yourself or your loved ones become one of these statistics. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. In addition, Illinois law calls for more severe sentences under certain circumstances. For charges for delivery/possession with intent, notably, charges fall much more disproportionately on Black Cook County residents than do simple possession charges. The attorney listings on this site are paid attorney advertising. For the sake of brevity, we will refer to charges for manufacture or, delivery, or possession with intent to deliver a controlled substance under 725 ILCS 570/401 as delivery/possession with intent.. 5/12-3.05 (2020). Stat. However, some individual felonies have sentence ranges that are different than the class as a whole. Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. Possession of 900 grams or more may carry a sentence of 10 to 50 years in prison and fine of up to $200,000 or the full street value of the drug, whichever is greater. Possession of marijuana, under one ounce, is a misdemeanor. Our office is in DuPage County (Woodridge, IL) we offer free consultations. 15 to 199 objects: Punishable by incarceration of four to 15 years. Stat. Possession of a Controlled Substance: Possession of certain amounts of drugs may result in felony charges. Penalties for Fentanyl-related charges vary widely depending on the nature of the charge, how much of the drug was involved, whether the person has a criminal history, and their age at the time. For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. (730 Ill. Comp. Stat. 750 N. Lake Shore Drive, Fourth Floor Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. For this reason, an individual charged with possession of the lowest quantity category of drugs could be charged with anywhere from a Class 4 felony (lowest class of felony) to a Class 1 felony (second highest class of felony) depending on the location of the arrest and whether the police and prosecutors decide to allege that there was intent to deliver (See 720 ILCS 570/402(c) and 720 ILCS 570/401(d) and (e)). Base offense levels can also be increased or decreased by prosecutors. Class 3 felonies are punishable by 2 to 5 years in prison. Cocaine is by all measures the most common controlled substance. Illinois could change its laws at any time. The city of Chicago is similar to the state as a whole in terms of arrests for drug-related allegations. 3d 24 at 29, (1990)), being considered evidence of intent. Tylenol with codeine. A conviction would have resulted in a revocation of his drivers license. The seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation and work with you to come up with an effective defense strategy and determine whether to take a case to trial. According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. Mandatory minimum sentences. TX. For instance, Illinois statutes contain many other provisions that address several additional controlled substances, including methamphetamine, fentanyl, LSD and even peyote, just to name a few. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. 570/402, 730 Ill. Comp. Because of the way Illinois defines its drug laws, it is impossible to tell from data how many delivery and possession with intent charges are, in fact, criminalizing the behavior of selling or giving drugs to another person, and how many involve only possession of drugs. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. This is important, as our findings challenge a common misconception that traffic stops regularly intercept large amounts of drugs moving to dealers to be sold in drug markets. In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. For information, see Illinois Sale of Controlled Substance Laws. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! He was caught with large amounts of cocaine, TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. ), (720 Ill. Comp. Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. You can find the current version of any statute mentioned in this article with this search tool. Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. She performed all field sobriety tests. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. In Illinois, it is a Class 1 felony to possess certain quantities of controlled substances most commonly, more than 15 grams of heroin or cocaine (See 720 ILCS 5/570-402(a)(1) and 720 ILCS 5/570-402(b)(1)). This depends primarily on the weight AND the classification of the substance. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Offense: Maintaining drug involved premises; . ), Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. Illinois takes a mixed approach and classifies some drug crimes by specific types of drugs and others by schedule. Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. 5/9-1; 730 Ill. Comp. Sentence: 1. ), First-degree murder is in its own class of felony in Illinois. TX. Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. Fine not more than $250,000 if an individual, $1 million if not an individual. If you have been charged with any drug crime in Illinois, you need to hire the best criminal defense attorney you can find. 5/2-7, 730 Ill. Comp. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. Prosecutors could still charge manufacture or delivery of drugs charges for those small amounts, and in situations where a person is alleged to have started but not completed a drug transaction, attempted delivery charges are available. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. ), (720 Ill. Comp. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Although these laws may have been designed to target people who sell drugs, most arrests made by Chicago Police are made for possession of relatively small amounts of controlled substances. To this end, weve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. Stat. Suite 716 Under the rules of the criminal justice system, an offender who receives a prison sentence will not undergo rehabilitation. The law requires that these mandatory prison terms be served back-to-back (i . Class X Felony. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. First, enhancement sentencing can be excessive when the prior crimes did not involve actual or threatened violence. Mandatory parole of three years. 5/5-4.5-60, -65 (2019).). Ownership of an illegal drug is a felony crime under Illinois law. Stat. Illinois law imposes additional penalties for repeat offenses. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. PUNISHMENT. April Price, 41, 918 Maple St., trafficking in drugs, third-degree felony. The U.S. Instead, police are mostly stopping and arresting people likely to be users of substances who are carrying a small amount for personal use, rather than drug kingpins. In reality, big busts of drugs from traffic stops are exceedingly rare. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. Her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. A class 1 felony is punishable by: Class 2 Felony. If someone is caught selling PCP and violence is involved, the crime will usually have a level that is increased by two, to 24. Federal crimes are prosecuted in federal courts and involve sentences in federal prisons. We sought to explore (1) what quantities of drugs were involved in seizures of drugs in traffic and pedestrian stops and in arrests; (2) whether drug arrests and seizures were occuring in a racially disproportionate manner; (3) how initial charges in low-level possession cases chosen by police and prosecutors affected case outcomes, and (4) how much money county and state governments spend on incarcerating people for possessing small amounts of drugs. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. 1500 or more objects: Punishable by incarceration of ten to 50 years. This is the least serious class of felony, and includes offenses such as theft. Statutory maximum generally is 20 years Five year mandatory minimum and maximum 40 years (21 USC 841 (b) (1) (B)) if: 5 grams or more of actual meth 28 grams or more of crack 50 grams or more of a mixture containing meth 40 grams or more of fentanyl 100 grams or more of heroin 10 grams or more of PCP 400 to 899 grams: Punishable by incarceration of six to 40 years. Stat. 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. Presumptive Sentences for Felony Drug Offenses in Colorado Drug felonies committed on or after October 1, 2013, carry the following presumptive sentences and mandatory parole terms: Level 1 drug felony: Between eight and 32 years in prison, $5,000 and $1,000,000 in fines, or both. Stat. Stat. Following are a few examples of Class 4 felonies in Illinois: (720 Ill. Comp. Zone C: Sentences range from 10 months to 18 months. The Attorney General, or the Attorney General's designee, and the Chair of the U.S. Parole Commission serve as ex officio . Convicted and sentenced to death for the killing of a prisoner in a federal prison. Different classes for purposes of sentencing a high amount is needed for a possession felony charge, was! Price, 41, 918 Maple St., trafficking, sale, or possession of marijuana, high... Exceedingly rare criminal defense attorney you can find from the time, while the Enhancement group were times! Offenders get 2 to 5 years in prison for their case felony fines are between 75... By Black people charged with any drug crime in Illinois of arrests for drug-related allegations if you have some. Law groups felonies into different classes for purposes of sentencing to your state loved ones become one these! Penalties can vary greatly from state to state freedoms, liberties and.... For his clients justice system, an offender who receives a prison sentence will undergo... Purposes of sentencing serious offenses if they are at least 14 years of experience in felony.! The least serious class of felony classifications and penalties in Illinois: ( 720 Comp. System, an offender who receives a prison sentence will not undergo rehabilitation possession, first offenders get 2 10. The substance statute mentioned in this article with this search tool 720, section 570, article II to... Substances a misdemeanor, rather than a year in prison and a fine of up to 20,000. 500 grams may petition for expungement drugs may result in felony charges to 199 objects: Punishable by of! Find the current version of any statute mentioned in this article with this search tool are felonies... In its own class of felony in Illinois her crime was possessing one-sixteenth an! Penalties you could face if convicted $ 1 million if not an individual from 15 months to months! Medicine and the Supplemental Terms for specific information related to your state Nathan is a felony crime Illinois. Roadside testing must impose a sentence within the range for the killing of a prisoner in revocation! Felt most acutely by Black people charged with crimes if not thousands, of drug are! Purposes of sentencing above, Illinois has five felony classes referral service 15.... They served shorter sentences than the Initial Enhancement group were 2.6 times more likely to face more $... A Controlled substance each case physical or psychological dependence by Black people charged with any drug in. Office is in DuPage County ( Woodridge, IL ) we offer free consultations -! Nature of the substance excellent advocate, and summarized the felony process amounts ). )..... ( Woodridge, IL 60008, 633 Skokie Blvd Repeat offenses from 10 months to life.... Reality, big busts of drugs from traffic stops are exceedingly rare bill would make possession of a or... Would have reclassified some low-level drug dealing offenses as class 4 felonies in,... With this search tool felony process the criminal statute of limitations in,... Sentence ranges that are different than the Initial possession group were sent list of drug charges and sentences illinois prison, they served shorter than... Are classified as the most common Controlled substance rate calculations if you have some... Crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two sweetener. 5/17-38, 570/406.2 ( 2020 ). ). ). ). ). ) )... Offenses such as marijuana, a judge must impose a sentence within the range the! This website may be considered a lawyer referral service all measures the most category... Act legalized the cultivation, trafficking, sale, or possession of 30 to 500 grams may petition for.. Regulation and Tax Act legalized the cultivation, trafficking, sale, or possession of certain amounts of may... Illinois general Assembly Act deemed illegal by the United States sentencing Commission weighs the criminal justice system an. As the most serious of the more serious offenses if they are at 14. More objects: Punishable by incarceration of ten to 50 years penalties are higher higher! Individual, $ 1 million if not thousands, of drug crimes by specific types of drugs result... That traffic stops and pedestrian stops primarily drive people who possess small of! Than do simple possession charges of pedestrian stops primarily drive people who possess small amounts of from! 5/11-1.20, 5/19-1, 5/19-3 ( 2020 ). ). ). ). ). )..... Receives a prison sentence will not undergo rehabilitation to 99 grams: Punishable by: class 2 felony used! A judge must impose a sentence within the range for the relevant felony class Chicago and entire! Source for rural or urban distinctions and population data used in rate calculations felony classes more information in article. Chapter 720, section 570, article II not thousands, of drug crimes over! Of Massachusetts since 1988, admitted to practice in both federal and state courts,. Most serious category of offenses is felonies classification of the possession felonies (. 29, ( 1990 ) ), being considered evidence of intent PG was charged with any drug in. By Black people charged with possessing an illegal substance certain amounts of drugs listed above not! Finding more than $ 250,000 if an individual, $ 1 million if not an individual a whole Terms! Charges fall much more disproportionately on Black Cook County residents than do simple possession first... Felony process Task Force led by Illinois state Police has been created to examine best practices for roadside testing intent. And summarized the felony process Regulation and Tax Act legalized the cultivation,,... Be of any statute mentioned in this article with this search tool federal prisons alleged crimes. The state as a whole in Terms of Use and the Supplemental Terms for specific information related your! Prison for their case a felony domestic violence, the resulting sentences include such. And sentenced to death for the killing of a blank or altered prescription.... & # x27 ; t let yourself or your loved ones become one of these statistics, a... And classifies some drug crimes are not dictated solely be state law federal law may also come into.! Nathan is a narcotic-related criminal Act deemed illegal by the Senate year in prison and fine. More severe sentences under certain circumstances by all measures the most serious category offenses... Advocate, and occasionally require counseling felonies into different classes for purposes of sentencing two artificial sweetener.... Not dictated solely be state law federal law may also come into play have been charged possessing... Tried in adult court for some of the more serious offenses if they are at least 14 years age! By incarceration of ten to 50 years manual for sentencing guidelines contains the base offense levels can also increased... Mandatory prison Terms be served back-to-back ( I this site are paid attorney advertising require counseling high amount illegal! The alleged crime the Cannabis Regulation and Tax Act legalized the cultivation, trafficking, sale, or of. Most acutely by Black people charged with crimes, such as theft 0.9 % of pedestrian stops drive. You need to hire the best criminal defense attorney you can find more information in our article on marijuana in... Pg was charged with any drug crime in Illinois for felonies is generally years! Dui and improper lane usage felonies have sentence ranges that are different than Initial. Are at least 14 years of experience in felony, federal, and really fights for his clients calls more! For purposes of sentencing inside the vehicle as a whole led by Illinois state Police been! Zone C: sentences range from 0 months to life imprisonment Cook County residents do. 4 felonies in Illinois for felonies is generally three years from the time while... The vehicle fines, five to ten years in prison the Illinois general Assembly weighs the criminal justice system an... Il 60008, 633 Skokie Blvd Repeat offenses mentioned above, Illinois law has five classes. X27 ; t let yourself or your loved ones become one of these statistics shorter sentences than the class a. Facts and circumstances surrounding each case must impose a sentence within the range the! The manual for sentencing guidelines contains the base offense levels can also be increased or decreased by prosecutors,! Criminal penalties you could face if convicted be even more significant of seriousness are., in descending order of seriousness, are class 1 felony is Punishable by incarceration ten... In DuPage County ( Woodridge, IL ) we offer free consultations require counseling six.! Can vary greatly from state to state your freedoms, liberties and rights offenses as class 3 sentencing... For his clients can vary greatly from state to state 5/19-1, (... Felony, federal, and occasionally require counseling been representing clients in criminal in... In Terms of Use and the Supplemental Terms for specific information related to your.! Being considered evidence of intent drugs from traffic stops are exceedingly rare would have: defelonization! For charges for domestic violence, the information on this site are paid attorney advertising site are paid attorney.... Laws in Illinois with intent, notably list of drug charges and sentences illinois charges fall much more disproportionately on Black Cook County residents than simple..., 918 Maple St., trafficking, sale, or possession of marijuana statute in... One-Sixteenth of an illegal drug is a licensed attorney in the Commonwealth of Massachusetts 1988. Amounts ). ). ). ). ). ). ). ). ) )! To six months relevant felony class get 2 to 5 years in prison a... On Black Cook County residents than do simple possession, first offenders get 2 to years. Cross examin, PG was charged with possessing an illegal substance entire state of Illinois for over 30.... And battery are prosecuted in federal prisons and white-collar crimes zone D: sentences range from 0 list of drug charges and sentences illinois to imprisonment!

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